Convention 2002 and harmonises this area among all the EU Members States. In
contrast to international regime that mainly focuses on liability of the carrier and
compensation for damage, the EU regime has also elements of consumer law. The
new Directive (EU) 2015/2302 of the European Parliament and of the Council of
25 November 2015 on package travel and linked travel arrangements
3 is applicable
from 1 July 2018 and repeals the previous Directive 90/314/EEC. The new Directive
extends its protection to those who book other forms of combined travel, including
cruises and thus might have a significant impact on EU passenger law, and international regime related to passenger carriage and cruise shipping.
1 International Regime on Carriage of Passengers by Sea
1.1 Historical Evolution
It is conspicuous that international regime pertaining to passengers transported by
sea appeared much later than the one related to carriage of goods by sea. When the
original Hague Rules governing the liability of the carrier to cargo interests was
convened internationally in 1924 after years of consideration and drafting, passenger
carriage was still in its beginnings. At that time, it was mainly considered as a
transportation service from one place to another. Moreover, it was noted that
freedom of contract has dominated the regime related to carriage of passengers by
sea until the latter half of the twentieth century.
4 Even the regime on carriage of
passengers by air embodied in the Warsaw Convention was adopted already in 1929.
Nevertheless, various attempts have been made to create an international regime
governing passengers’ rights and minimum level of protection since 1960s. However, none of these attempts succeeded.
5 The first international initiative was
reflected in the International Convention for the Unification of Certain Rules relating
to the Carriage of Passengers by Sea, adopted in Brussels in 1961, entered into force
in 1965 and ratified by a small number of states. Another related convention was the
International Convention for the Unification of Certain Rules relating to the Carriage
of Passengers’ Luggage by Sea, adopted in Brussels in 1967, which never came into
force.
6
At the 28th Conference of the Comité Maritime International in Tokyo one
document was drafted to replace both conventions and remove possible
3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on
package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and
Directive 2011/83/EU of the European Parliament and of the Council and repealing Council
Directive 90/314/EEC.
4 Soyer and Leloudas (2018).
5 Ibid.
6 Berlingieri (2014), Chapter 4.
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
61
contrast to international regime that mainly focuses on liability of the carrier and
compensation for damage, the EU regime has also elements of consumer law. The
new Directive (EU) 2015/2302 of the European Parliament and of the Council of
25 November 2015 on package travel and linked travel arrangements
3 is applicable
from 1 July 2018 and repeals the previous Directive 90/314/EEC. The new Directive
extends its protection to those who book other forms of combined travel, including
cruises and thus might have a significant impact on EU passenger law, and international regime related to passenger carriage and cruise shipping.
1 International Regime on Carriage of Passengers by Sea
1.1 Historical Evolution
It is conspicuous that international regime pertaining to passengers transported by
sea appeared much later than the one related to carriage of goods by sea. When the
original Hague Rules governing the liability of the carrier to cargo interests was
convened internationally in 1924 after years of consideration and drafting, passenger
carriage was still in its beginnings. At that time, it was mainly considered as a
transportation service from one place to another. Moreover, it was noted that
freedom of contract has dominated the regime related to carriage of passengers by
sea until the latter half of the twentieth century.
4 Even the regime on carriage of
passengers by air embodied in the Warsaw Convention was adopted already in 1929.
Nevertheless, various attempts have been made to create an international regime
governing passengers’ rights and minimum level of protection since 1960s. However, none of these attempts succeeded.
5 The first international initiative was
reflected in the International Convention for the Unification of Certain Rules relating
to the Carriage of Passengers by Sea, adopted in Brussels in 1961, entered into force
in 1965 and ratified by a small number of states. Another related convention was the
International Convention for the Unification of Certain Rules relating to the Carriage
of Passengers’ Luggage by Sea, adopted in Brussels in 1967, which never came into
force.
6
At the 28th Conference of the Comité Maritime International in Tokyo one
document was drafted to replace both conventions and remove possible
3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on
package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and
Directive 2011/83/EU of the European Parliament and of the Council and repealing Council
Directive 90/314/EEC.
4 Soyer and Leloudas (2018).
5 Ibid.
6 Berlingieri (2014), Chapter 4.
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
61